divestitive fact

A divestitive fact is a fact or event that results in the loss of a previously held legal right. Divestitive facts are a category of operative facts, meaning they have legal consequences when they occur. For example, in Bailey v. Iowa Beef Processors, Inc., 256 N.W.2d 305 (1977), the Court recognized divestitive facts as part of the framework of operative facts in legal analysis. By contrast, an investitive fact is one that creates legal rights.

[Last reviewed in September of 2025 by the Wex Definitions Team]

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